A.Rajeswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.31097 of 2025 1.A.Rajeswari 2.A.Arun Selvan ... Petitioners

Versus

1.The District Collector, Office of District Collector, Coimbatore - 641 018.

2.The Assistant Director (Land Survey), Office of District Collector, Coimbatore.

3.Taluk Surveyor, Kinathukadavu, Coimbatore District.

4.The Tahsildar, Taluk Office, Kinathukadavu, Coimbatore District.

5.The Inspector of Police, Negamam Police Station, Nagamam, Coimbatore District.

...Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to survey the property situated in S.F.No.481/2B, Kattampatti Village to an extent of 1.23.00 hectares with cart track as per the proceedings initiated by the 4th respondent in Na.Ka.No.4093/2022/S2 dated 10.02.2025 and directed the 5th respondent to provide protection within the time fixed by this Court also with the help of 5th respondent.

For Petitioners : Mr.C.Veera Raghavan For Respondents : Mr.A.Selvendran, Spl.Govt.Pleader for R1 to R4 Mr.R.Venkatesa Perumal, Govt. Advocate (Crl.side) for R5

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the fourth respondent to survey the property situated in S.F.No.481/2B, Kattampatti Village to an extent of 1.23.00 hectares with cart track as per the proceedings initiated by the 4th respondent in Na.Ka.4093/2022/S2 dated 10.02.2025 and direct the 5th respondent to 2/6

provide protection within a reasonable time as fixed by this Court. .

3. At the outset, it is submitted by the learned Special Government Pleader for the respondents 1 to 4 that the above representation submitted by the petitioners would be considered and survey would be conducted and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioners.

4. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 2nd respondent. When this was pointed out, learned Government Advocate, Mr.R.Venkatesa Perumal appearing for 5th respondent would submit that if any such request is made adequate police protection will be granted.

5. In considering the representation dated 07.02.2025, it is open to fourth respondent to call for any documents/evidence to satisfy itself of petitioners' entitlement to seek sub division and mutation of patta in their 3/6

names, in respect of the subject property, conduct survey and proceed to pass appropriate orders in accordance with law, after putting the petitioners and any other interested parties on notice and after affording reasonable opportunity of hearing to the petitioners, fourth respondent and any other interested persons/stake holders, including rival claimants, if any, within a period of eight (8) weeks from the date of uploading of web copy without waiting for receipt of certified copy. If any such request is made by the fourth respondent, the fifth respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 30.07.2025 Speaking order : Yes/No Index : Yes/No dpq 4/6

To 1.The District Collector, Office of District Collector, Coimbatore - 641 018.

2.The Assistant Director (Land Survey), Office of District Collector, Coimbatore.

3.Taluk Surveyor, Kinathukadavu, Coimbatore District.

4.The Tahsildar, Taluk Office, Kinathukadavu, Coimbatore District.

5.The Inspector of Police, Negamam Police Station, Nagamam, Coimbatore District.

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MOHAMMED SHAFFIQ, J.

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